CHAN PUI KWAN v. ECRENT (HK) CO LTD AND ANOTHER

CHAN PUI KWAN v. ECRENT (HK) CO LTD AND ANOTHER

Service effected at the company's registered office was valid under section 827 Companies Ordinance and section 13 LTO does not exclude the operation of section 827; accordingly the first ground (invalid service) was not arguable. However, there were arguable points that the Tribunal failed to investigate material defences and failed to give reasons, so conditional leave to appeal was granted subject to payment into court and filing requirements.

Citation
[2018] HKCFI 1619
Parties
Claimant: CHAN PUI KWAN; Applicant/1st Defendant: ECRENT (HK) COMPANY LIMITED; 2nd Defendant: ECRENT WORLDWIDE COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 July 2018
Case Number
HCLA5/2018
Procedural Posture
Labour Tribunal Appeal / Application for Leave to Appeal (decision)
Outcome
Conditional leave to appeal granted to Ecrent (HK) Company Limited
Legal Topics
Service of Process, Failure to Investigate, Employer Identification, Leave to Appeal, Statutory Interpretation
Source Language
EN
Employment Law Civil Procedure Company Law Service of Process Failure to Investigate Employer Identification Leave to Appeal Statutory Interpretation

Case Brief

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Parties

CHAN PUI KWAN

Claimant

ECRENT (HK) COMPANY LIMITED

Applicant/1st Defendant

ECRENT WORLDWIDE COMPANY LIMITED

2nd Defendant

Procedural Posture

Labour Tribunal Appeal / Application for Leave to Appeal (decision)

Legal Issues

  1. 1 Whether service of the notice of hearing on the company's registered office under section 827 Companies Ordinance was valid
  2. 2 Whether the Labour Tribunal failed to discharge its statutory duty to investigate the merits under section 20(3) LTO
  3. 3 Whether Ecrent Worldwide rather than Ecrent HK was the claimant's employer

Ratio Decidendi

Service effected at the company's registered office was valid under section 827 Companies Ordinance and section 13 LTO does not exclude the operation of section 827; accordingly the first ground (invalid service) was not arguable. However, there were arguable points that the Tribunal failed to investigate material defences and failed to give reasons, so conditional leave to appeal was granted subject to payment into court and filing requirements.

Court Disposition

Conditional leave to appeal granted to Ecrent (HK) Company Limited

Orders

  • Ecrent HK to pay the awarded amount of $40,600 into court within 7 days
  • Ecrent HK to file and serve the notice of appeal on the claimant within 7 days of payment into court